Last month, the Iowa Court of Appeals concluded the Muscatine man didn’t act with “depraved or sadistic intent” when he killed his girlfriend’s 4-month old Boston terrier after the dog urinated on the floor.

Miller says the court’s definition of depraved intent has created uncertainty for law enforcement and should be changed.

The St. Francis Foundation for Pets in Des Moines requested the appeal, saying the public was outraged by the decision.